Prosecutrix Developed Physical Relation By Her Own Wish, Ready To Marry Accused: Madhya Pradesh High Court Grants Bail In POCSO Case

Justice Sanjay Dwivedi was essentially dealing with a bail application moved by the Applicant, accused for offences U/S 363, 366, 376 (3), 376(2)(n) IPC and U/S 5(L), 6 POCSO Act. He was in custody since October last year.

As per the prosecution story, the age of the Prosecutrix was below 18 years.

The Applicant argued that from the statement of the Prosecutrix recorded U/S 164 CRPC, it was clear that she had developed physical relation with him by her own consent/wish. He contended that she herself had stated that she wanted to get him prosecuted and convicted because he was not agreeing for marriage.

He submitted that he was ready to marry her, but could not do so, since she was still a minor. He also informed the Court that the parents of the Prosecutrix were in fact demanding money from him to agree for the marriage.

After perusing the statement of the Prosecutrix U/S 164 CRPC, the Court allowed the bail application, noting that-

Considering the fact that the prosecutrix in her statement recorded under Section 164 has very categorically stated that she has developed the physical relation with the applicant by her own wish and that she is an educated, grown up and sound mind girl and knows her well being and ready to marry with the applicant and that the applicant is an under trial accused, without commenting anything on merit of the case, this application is allowed.

Case Title: Shobit Nigam v. The State of Madhya Pradesh 

Citation: 2022 LiveLaw (MP) 36